Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Том 12;Том 75 |
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Страница 13
... cause it is not entitled to enforce as against its delinquent lessee the harsh remedy of forfeiture provided for by the 6th section of the act in question . Wherefore the judgment of the circuit court is reversed , and the cause ...
... cause it is not entitled to enforce as against its delinquent lessee the harsh remedy of forfeiture provided for by the 6th section of the act in question . Wherefore the judgment of the circuit court is reversed , and the cause ...
Страница 21
... cause remanded for a new trial upon principles consistent with this opinion . 112b 21 94 144 CASE 5 - APPLICATION FOR PASSWAY - MARCH 11 . Robinson v . Swope , & c . APPEAL FROM LINCOLN CIRCUIT COURT . 1. PRIVATE PASSWAY FROM ONE TRACT ...
... cause remanded for a new trial upon principles consistent with this opinion . 112b 21 94 144 CASE 5 - APPLICATION FOR PASSWAY - MARCH 11 . Robinson v . Swope , & c . APPEAL FROM LINCOLN CIRCUIT COURT . 1. PRIVATE PASSWAY FROM ONE TRACT ...
Страница 42
... caused by it , the cause of action is made out , and unless his own proof shows contributory negligence on his part he is entitled to recover . 10. It is not necessary for the plaintiff to allege or prove affirmatively that he was not ...
... caused by it , the cause of action is made out , and unless his own proof shows contributory negligence on his part he is entitled to recover . 10. It is not necessary for the plaintiff to allege or prove affirmatively that he was not ...
Страница 46
... cause of the injury is the omission of the other party , after becoming aware of the injured party's negligence , to use a proper degree of care to avoid the consequences of such negligence . " ( Shearman & Redfield on Negligence , p ...
... cause of the injury is the omission of the other party , after becoming aware of the injured party's negligence , to use a proper degree of care to avoid the consequences of such negligence . " ( Shearman & Redfield on Negligence , p ...
Страница 47
... caused by it , the cause of action is made out , and unless his own proof shows contributory negli- gence on his part he is entitled to recover . ( Louisville & Portland Canal Company v . Murphy , 9 Bush . ) In some of the states it has ...
... caused by it , the cause of action is made out , and unless his own proof shows contributory negli- gence on his part he is entitled to recover . ( Louisville & Portland Canal Company v . Murphy , 9 Bush . ) In some of the states it has ...
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action adm'r administrator alleged amount answer appellant appellee appointed assessment authority Bank bond Bush chancellor CHANCERY COURT chap charter Cincinnati Bridge CIRCUIT COURT CITED city of Louisville Civil Code claim clerk Cline Commonwealth constitution contract courts of equity creditors damages Dana debt debtor deed defendant DELIVERED THE OPINION demurrer devised Douglass earnings Elizabethtown enforce entitled equity evidence execution fact filed Harrison County heirs held homestead husband indictment infants interest intestate issue J. J. Mar John Morris judgment jurisdiction jury Kentucky River land legislature liable lien LINDSAY DELIVERED mechanic's lien ment Morris mortgaged property mortgagor Newport & Cincinnati non est factum notice ordinance owner paid party payment person petition plaintiff pleadings possession proceedings purchaser question Railroad Company receiver record recover rendered rents road rule secure statute suit sureties testator thereof tion trustee usury wife
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Страница 325 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Страница 27 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Страница 708 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the .mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Страница 114 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.
Страница 324 - In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction, it is...
Страница 248 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Страница 87 - The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this State a specified sum.
Страница 281 - But the point might have been shortly dismissed with this safe declaration, that there is no direct constitutional inhibition upon the States, nor any clause in the Constitution, from which it can be even plausibly inferred that the States may not legislate upon the remedy in suits upon the judgments of other States, exclusive of all interference with their merits.
Страница 245 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Страница 653 - Individual rights call for its exercise, the language used, though permissive in form, is in fact peremptory. What they are empowered to do for a third person the law requires shall be done. The power is given, not for their benefit, but for his.